Default and Default Judgment.

U.S. Bankruptcy Court for the District of Montana

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the District of Montana

Rule: 7055-1

Jurisdiction: DMTB

Bluebook Citation: Bankr. D. Mont. R. 7055-1

All Rules: Bankr. D. Mont. Local Bankruptcy Rules, complete index


Text

P a g e | 56 of the application for default judgment shall be served pursuant to Fed. R. Civ. P. 55(b)(2), as incorporated in Fed. R. Bankr. P. 7055. The Court may order a hearing on any application for default judgment. (b) Documents to Submit. A party that is entitled to have the Clerk enter a default judgment pursuant to Fed. R. Civ. P. 55(b)(2) as incorporated in Fed. R. Bankr. P. 7055 must submit the following: (1) (2) (3) (4) application for the Clerk’s entry of default pursuant to subsection (2) below; The Clerk’s entry of default, which will be completed by the clerk’s office when the required information is verified; a motion for entry of default judgment by the Clerk pursuant to (4) below; and a proposed default judgment with a statement showing the following: (A) the principal amount due, not to exceed the amount of the original demand, giving credit for any payments and showing the amounts and dates of all payments; (B) a computation of accrued interest to the proposed date of judgment; and (C) any costs and taxable disbursements claimed.

(c) Affidavit. An affidavit of counsel or the party seeking default judgment must be attached to the default request showing: (1) (2) (3) (4) (5) that the party against whom judgment is sought is not an infant, an incompetent person, or in the military service; that the summons and complaint were properly served in compliance with Fed. R. Bankr. P. 7004; that the party has defaulted on its obligation to appear or respond in the action; that the amount shown by the statement is justly due and owing and that no part thereof has been paid except as stated; and that the disbursement sought to be taxed has been made in the action or will necessarily be made or incurred. The Clerk shall then enter judgment for principal, interest, and costs. (d) By the Court.

The party applying for entry of default judgment pursuant to Fed. R. Civ. P. 55(b)(2), as incorporated in Fed. R. Bankr. P. 7055, must file the following papers: Mont. LBR December 1, 2025

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.